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Old 05.08.2022, 22:48
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Dispute with neighboring restaurant extending seating to my rental property.

Hi all,

We live in the Bern Old Town on a quiet street, there is one restaurant, but it is three buildings down. It was never an issue these past 3.5 years until now …

They have an outdoor seating area and they decided to extend it to the entrance of my apartment on nights they are busy. That means I have several tables directly beneath my bedroom window. They have people sitting there all evening drinking and chain smoking. I can live with keeping the windows closed even in the Summer heat, but I eventually have to open them. The problem is, they have people out there till midnight or later. On weekends ok, but not on a weeknight.

We spoke with the owner of the restaurant, but she blew us off. I asked that she at least make the tables beneath us “non smoking” since I have asthma. She said she would try, but she hasn’t tried at all.

We called our landlord, but he is on holiday for awhile. I can’t imagine that it is legal for a restaurant to just extend seating wherever they want to. Does anybody know the rules on this? Also, aren’t there rules on closing times? My friend owns a restaurant in the old town, and the owner of the place next to us has dictated she cannot have outdoor seating below her place due to cigarette smoke. I find that hypocritical and it pisses me off that she doesn’t care at all about the neighbors of her own business.

If my landlord doesn’t do anything, I am prepared to escalate to the Mietverband or with my lawyer, I just wanted to see if you experts knew anything in advance.

Thanks!
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Old 05.08.2022, 23:02
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Re: Dispute with neighboring restaurant extending seating to my rental property.

Ask at the town hall. You cannot simply extend outside seating.
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Old 05.08.2022, 23:05
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Re: Dispute with neighboring restaurant extending seating to my rental property.

Thanks, I thought so - by town hall, do you mean the Gemeinde? Like where I go to register? Apologies, Iíve never had to go dispute anything before. Thanks!
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Old 05.08.2022, 23:05
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Re: Dispute with neighboring restaurant extending seating to my rental property.

Time for some window boxes, no?
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Old 05.08.2022, 23:10
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Re: Dispute with neighboring restaurant extending seating to my rental property.

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Time for some window boxes, no?
You mean for me to water the flowers / the customers? Hehe, already have them.

I’d prefer not to make loads of strangers angry and instead deal with this legally.
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Old 05.08.2022, 23:57
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Re: Dispute with neighboring restaurant extending seating to my rental property.

I'd just get a large speaker, find some porn on the internet and channel it to the speaker. Uptight people won't appreciate those sounds and maybe the one coming to your door is the restaurant owner.
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Old 06.08.2022, 00:03
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Re: Dispute with neighboring restaurant extending seating to my rental property.

Get in contact with the Orts- und Gewerbepolizei
https://www.bern.ch/wirtschaft/gastgewerbe
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Old 06.08.2022, 08:12
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Re: Dispute with neighboring restaurant extending seating to my rental property.

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You mean for me to water the flowers / the customers? Hehe, already have them.

Iíd prefer not to make loads of strangers angry and instead deal with this legally.
Post a notice and/or a note on the tables warning them that they might get dripped on.
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Old 06.08.2022, 08:33
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Re: Dispute with neighboring restaurant extending seating to my rental property.

Local Council Offices!

They need a Betriebs Bewiligung to extend!

I know another Restaurant Owner who had exactly the same thing happen to him. He admitted that it was his own fault!

Everthing here is burocratic, so it they havent done it right, you can do them!

Good Luck, it's restaurants like that that give our profesion a bad name.

Visit the council on monday

You're in Bern... so get on the motorway and come and visit Attiswil. This weekend we've got one of the Biggest 'CHILBI's' in Switzerland.

Bi bi fr' now

GREG
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Old 06.08.2022, 08:45
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Re: Dispute with neighboring restaurant extending seating to my rental property.

That really sucks! Is it worth writing them a registered letter threatening official action unless the situation is resolved? Also, don't be flexible on the resolution. (Like making the tables non smoking) Tell them that the tables must be removed.


Good luck!
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Old 06.08.2022, 08:50
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Re: Dispute with neighboring restaurant extending seating to my rental property.

Play thrash metal out your windows.

Or opera.

Or the Star Spangled Banner.

Tom
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Old 06.08.2022, 08:55
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Re: Dispute with neighboring restaurant extending seating to my rental property.

In addition to complaining via the proper channels as other suggested, what you could do as a preventive measure is, before the restaurant opens and hopefully without being seen (not sure if this is possible but hey-ho), put some strong-smelling, but of course non-toxic and non-harmful, liquid or substance on the ground in the area where the tables will go. Try that for a couple/few days and see if it acts as a deterrent...
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Old 06.08.2022, 09:25
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Re: Dispute with neighboring restaurant extending seating to my rental property.

Thanks everyone for your tips, much appreciated.

I wonít do anything to disturb my other fellow neighbors, except I do like Tomís idea of playing opera music. I have done that already with the elephant who often comes home at 3 AM upstairs. He gets a 7 AM wake up call every now and then from my favorite mezza soprano, Cecilia Bartoli.
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Old 06.08.2022, 09:29
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Re: Dispute with neighboring restaurant extending seating to my rental property.

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Thanks everyone for your tips, much appreciated.

I wonít do anything to disturb my other fellow neighbors, except I do like Tomís idea of playing opera music. I have done that already with the elephant who often comes home at 3 AM upstairs. He gets a 7 AM wake up call every now and then from my favorite mezza soprano, Cecilia Bartoli.
You didn't mention what your neighbours think of it... have you talked of them and can you complain together?
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Old 06.08.2022, 09:48
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Re: Dispute with neighboring restaurant extending seating to my rental property.

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You didn't mention what your neighbours think of it... have you talked of them and can you complain together?
No, I have thought about it. Thanks for the reminder Ö

The problem is that on that side of our apartment, the neighbors sort of use it as a part time home - so may be unwilling to throw a big stink. But I am sure they are bothered too.
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Old 06.08.2022, 10:38
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Re: Dispute with neighboring restaurant extending seating to my rental property.

Go to the Migros and get a couple dozen No Smoking stickers. Then place them on the tables and/or ashtrays in the area concerned.
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Old 06.08.2022, 12:18
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Re: Dispute with neighboring restaurant extending seating to my rental property.

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Go to the Migros and get a couple dozen No Smoking stickers. Then place them on the tables and/or ashtrays in the area concerned.
They only put out the tables after theyíve opened and have people for them, they sneaky like that.

Iím sure after some responses here that what they are doing is illegal and we will find a way to put a stop to it. I hope that I wonít face retaliation as they have a very loyal local customer base.
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Old 06.08.2022, 13:08
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Re: Dispute with neighboring restaurant extending seating to my rental property.

Don't you maybe have any friends riding motorbikes? They could conveniently use that space to leave their machines. A regular Velos might do as well if there's something you can attach them to.

Otherwise you could bring the garbage container there...
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Old 06.08.2022, 13:38
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Re: Dispute with neighboring restaurant extending seating to my rental property.

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Don't you maybe have any friends riding motorbikes? They could conveniently use that space to leave their machines. A regular Velos might do as well if there's something you can attach them to.

Otherwise you could bring the garbage container there...
Definitely not putting garbage there Ö my neighborhood is a UNESCO site and that would be a big no no.

Iíve tried my bike and the bastards moved it and it would take a lot of bikes / I would get ticketed.

Have to fight this the legal way guys, but thanks!
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Old 06.08.2022, 13:41
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Re: Dispute with neighboring restaurant extending seating to my rental property.

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Don't you maybe have any friends riding motorbikes? They could conveniently use that space to leave their machines. A regular Velos might do as well if there's something you can attach them to.
Motorbikes? On the side walk? In Bern? Towed before you can remove your helmet.
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